Offer letters that say too much and offer letters that say too little
A one-line offer creates arguments later. An overwritten one creates promises you did not mean to make. The useful version sits between them.
- Written by
- Ellen Marsh
- Published
- Filed under
- Corporate
- Length
- 772 words, about 3 minutes
An offer letter is the only document most employees ever receive that describes their job. It gets written in ten minutes, usually by copying the last one, and then it governs an argument two years later.
Two failure modes, opposite in shape and equally common.
The letter that says too little
The short version: name, title, start date, salary, and a sentence saying the company looks forward to it.
Everything missing from that letter becomes an assumption, and the two parties assume different things. The gaps that produce actual disputes:
- How pay is expressed. An annual figure with no statement of pay frequency, and no statement of whether the role is treated as exempt or non-exempt for overtime purposes. This is the most consequential omission on the list.
- The schedule. Which days, which hours, whether weekends or on-call are part of it.
- Whether the offer is contingent on a background check, a license, or documentation of work authorization. Rescinding an unconditional offer is a different situation from a contingency not being met.
- Who the person reports to. A small omission that becomes large during a reorganization.
- Which benefits apply and when eligibility starts. Waiting periods surprise people.
- Where the work happens, and whether that can change.
The classification question is worth isolating. Whether a role is entitled to overtime is determined by duties and pay under federal and state wage law, not by what a letter calls it. But a letter that is silent contributes to a misunderstanding, and a letter that describes a role inaccurately makes the employer's position worse if the classification is later questioned.
The letter that says too much
The overwritten version usually comes from good intentions: an employer trying to sound welcoming and to convey stability. It creates commitments.
The specific phrases that cause trouble:
- An annual salary described without qualification, in a way that reads as a promise of a year of employment. Stating pay as an annual rate is normal; stating it in a sentence that implies a term is not.
- Guaranteed bonuses, raises or reviews. A review date is fine. A promised increase is a commitment you will be held to in a bad year.
- Descriptions of job security. Language about a long-term home, or termination only for cause, can undercut at-will employment where it applies.
- Detailed duty lists presented as the complete job. A list is useful. A list presented as exhaustive limits what you can reasonably ask for later.
- Referring to policies not attached. Incorporating a handbook by reference means the handbook's terms are part of the offer, including any you have not reviewed recently.
What the useful version contains
One page, plain, and consisting almost entirely of facts.
- Title, reporting line, and primary work location.
- Start date.
- Pay, expressed at the frequency it is actually paid, plus the classification for overtime purposes.
- Schedule, including any regular weekend or on-call component.
- Benefits by name with eligibility dates, referencing plan documents as controlling.
- Paid time off, or a reference to the current policy.
- Any contingencies, stated as contingencies.
- A statement of the employment relationship consistent with the law of the state.
- An acceptance line with a date by which the offer stands.
Anything beyond that belongs in a separate document: a job description, a commission plan, a confidentiality agreement, a handbook acknowledgment. Separate documents can be revised on their own terms. A letter cannot.
Where the two failure modes actually surface
Not at the start. They surface at three specific moments.
- The first schedule change. If the letter never described the schedule, both parties believe they are being reasonable and both are working from different documents.
- The first overtime question. Usually raised months in, often by a colleague, and always harder to resolve retroactively than to state correctly up front.
- The end of the relationship. This is where over-written language does its damage, and where a missing contingency clause does.
Federal wage and hour standards, including the tests that govern overtime eligibility, sit with the Department of Labor, and states frequently apply stricter rules on top. Checking both before finalizing a template is an hour that pays for itself the first time anyone asks.
The template test
Read your current letter and ask two questions. What does this promise that I do not intend to guarantee? And what will someone need to know in month four that this does not say?
Most templates fail both questions at once, in different paragraphs. Fixing them takes one revision and then applies to every hire after it, which makes it one of the cheapest pieces of administrative work a small employer ever does.